Micronesia (FSM) foreign investor entry permit

Section 103(7) of the Immigration Act issues foreign investor permits for a specified duration, renewable together with the investor's business permit. Under section 5.1 of the Immigration Regulations, the application is made by the person in whose name the foreign investment permit is issued under Title 32 of the FSM Code or the relevant state law; where the investment permit names several people or a corporation, one named person or the company's president or secretary applies. The entry permits go to the non-citizens named in the investment permit, or, if none are named, to those designated by the national or state body that issued it.

A person who comes only to sell goods or services without a business presence uses a separate salesperson permit, valid for the sales activity and no longer than six months; the Chief may ask the Department of Economic Affairs to confirm that no foreign investment permit is needed. Holders of a foreign investor permit do not need a salesperson permit.

The application includes a copy of the foreign investment permit and any other information the Division asks for, on the Division's entry permit form describing the business to be carried out, the company represented, its products or services and the people or firms to be contacted. Every entry permit application must include a police clearance from the last place where the applicant lived for at least six months, showing no conviction for a felony or a crime of moral turpitude, and a doctor's written certificate of good health; people who have already lived in the FSM for six months before applying need neither. The Division's checklist adds a copy of the passport data page, one passport photo signed on the back and, where relevant, a notarised affidavit of support or dependency. At entry the passport must be valid for at least 120 days beyond the authorised stay, and every arriving non-citizen completes the Immigration and Departure Control Record, Form 5004.

The 2005 Immigration Regulations, published by the FSM Embassy in Washington, set 100 US dollars each for the foreign investor permit, the expatriate worker authorisation permit and the salesperson permit, and 10 dollars for a spouse or dependant permit. Five dollars of each fee is kept if the permit is denied and the rest is refunded. A change into investor status from another permit type costs 1,000 dollars, except for Marshall Islands and Palau citizens.

Permits must be applied for and paid before arrival, and the permit has to be carried on entry; a person who arrives without the required permit must meet the change-of-status rules, including the fees, before one is issued. Renewals are made in person at the nearest Division office with the passport and current permit, at least 30 days before expiry and before the permit runs out; the holder does not have to leave the FSM to renew.

A foreign investment permit holder who is allocated an expatriate worker authorisation (EWA) under Title 32 or state law can apply for an entry permit for a nominee to fill that position, attaching a copy of the investment permit; the EWA permit stays valid as long as both the investment permit and the EWA. Additional non-citizen workers beyond that are hired under Title 51 and the nonresident worker rules. The investor's spouse and unmarried children under 18 can receive dependent permits for the same period as the investor's permit.

If the foreign investment permit is cancelled, revoked, expires or otherwise becomes invalid, every entry permit issued on the basis of it can be revoked at any time. A permit can be denied or revoked for wilfully false or misleading information, a felony or moral-turpitude conviction, a serious communicable disease and the other grounds in section 107 of the Immigration Act. Anyone aggrieved by a decision can file a notice of appeal with the local immigration office, which holds a hearing within 10 days and decides in writing within 5 days; the next step is a committee hearing in Palikir requested within 15 days, and after that judicial review. The Chief can also issue citations, for example 1,000 dollars for activities the permit does not allow and 100 dollars per day of overstay, and unlawful presence can lead to up to two years in prison, a fine of up to 10,000 dollars, or both.